Gloucester Place Music Ltd v Le Bon & Ors

Gloucester Place Music Ltd v Le Bon & Ors

The language of the agreements, particularly clause 3(a) and related provisions, when read objectively and in context, conveys that the parties intended the 'entire copyrights' in the compositions to vest and remain vested in the Claimant for the full term of the copyrights. This implicitly precludes the Group Members from exercising US statutory termination rights that would divest the Claimant of ownership before expiry. The exercise of such rights constitutes a breach of the agreements.

Parties
Claimant: Gloucester Place Music Limited; Defendant: Simon Le Bon; Defendant: Nigel Taylor; Defendant: Nicholas Bates; Defendant: Roger Taylor; Defendant: Andrew Taylor; Defendant: Noticevale Limited; Defendant: Hintcrest Limited; Defendant: Youngstown Limited; Defendant: Exitglen Limited; Defendant: Humbleward Limited; Defendant: Vetchcrest Limited; Defendant: Actionlink Limited
Jurisdiction
England and Wales
Judgment Date
02 December 2016
Procedural Posture
Civil (contract/intellectual Property) / Judgment After Trial (part 8 Claim)
Outcome
Judgment for the Claimant; Defendants found in breach of contract by serving or not withdrawing the section 203 notices.
Legal Topics
Copyright Assignment, Interpretation of Contracts, Non Derogation From Grant, Jurisdiction and Applicable Law, Section 203 US Copyright Act
Contract Law Intellectual Property Law Conflict of Laws Copyright Assignment Interpretation of Contracts Non Derogation From Grant Jurisdiction and Applicable Law Section 203 US Copyright Act

Case Brief

Summary, issues, holding and outcome

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Parties

Gloucester Place Music Limited

Claimant

Simon Le Bon

Defendant

Nigel Taylor

Defendant

Nicholas Bates

Defendant

Roger Taylor

Defendant

Andrew Taylor

Defendant

Noticevale Limited

Defendant

Hintcrest Limited

Defendant

Youngstown Limited

Defendant

Exitglen Limited

Defendant

Humbleward Limited

Defendant

Vetchcrest Limited

Defendant

Actionlink Limited

Defendant

Procedural Posture

Civil (contract/intellectual Property) / Judgment After Trial (part 8 Claim)

Legal Issues

  1. 1 Whether the Defendants breached music publishing agreements by serving notices under section 203 of the US Copyright Act terminating assignments of US copyrights to the Claimant.
  2. 2 Whether the agreements, governed by English law, preclude the exercise of US statutory termination rights.

Ratio Decidendi

The language of the agreements, particularly clause 3(a) and related provisions, when read objectively and in context, conveys that the parties intended the 'entire copyrights' in the compositions to vest and remain vested in the Claimant for the full term of the copyrights. This implicitly precludes the Group Members from exercising US statutory termination rights that would divest the Claimant of ownership before expiry. The exercise of such rights constitutes a breach of the agreements.

Court Disposition

Judgment for the Claimant; Defendants found in breach of contract by serving or not withdrawing the section 203 notices.

Orders

  • Declarations to be settled as to the terms sought by the Claimant.